The Medical Malpractice Claim Process, Step by Step

A general step-by-step overview of how these claims typically proceed

Every malpractice case is different, and state rules vary significantly, but most claims move through a similar general sequence. Here's a broad overview to help you know roughly what to expect.

• 1. Initial consultation. An attorney discusses what happened, your timeline, and whether it's worth pursuing further -- usually free and without obligation
• 2. Medical record review. Your full medical records are gathered and reviewed for details about what care was given and when
• 3. Expert witness review. A qualified medical expert in the relevant specialty reviews the records to assess whether the standard of care was met
• 4. Pre-suit requirements. Many states require a formal notice, affidavit, or review panel process before a lawsuit can even be filed
• 5. Filing the claim. If the case proceeds, a formal complaint is filed within your state's statute of limitations
• 6. Discovery. Both sides exchange records, depositions, and expert reports -- often the longest phase
• 7. Settlement negotiations or trial. Many cases resolve through settlement; others proceed to trial if no resolution is reached

This process can take anywhere from months to years, depending on complexity, your state's rules, and whether the case settles or goes to trial. A licensed attorney can walk you through what this looks like specifically for your situation and your state.

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